chapter 24: governing the states section 4 - central lyon · and defines crimes and their...
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Chapter 24: Governing the States
Section 4
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ObjectivesObjectives
1. Identify and define the kinds of law
applied in State courts.
2. Compare and contrast criminal law and
civil law.
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3. Describe the types and purposes of
juries and juror selection.
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Key TermsKey Terms
• common law: unwritten law created by the rulings of judges over a long period of time
• precedent: a guide to be followed in later, similar cases
• criminal law: the branch of law that identifies and defines crimes and their punishment
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and defines crimes and their punishment
• felony: a serious criminal offense
• misdemeanor: a lesser criminal offense
• civil law: the branch of law that deals with disputes that are not criminal in nature
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Key Terms, cont.Key Terms, cont.
• tort: a wrongful act involving injury to person, property or reputation
• contract: a legally binding agreement
• jury: a body of persons chosen to hear evidence and decide questions of fact in a
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evidence and decide questions of fact in a court case
• information: a formal charge filed by a prosecutor
• bench trial: a court case heard only by a judge, without a jury present
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IntroductionIntroduction
• How do State and local courts apply different types of law?
– State and local courts apply constitutional law, statutory law, administrative law, common law, and equity.
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equity.
– They also deal with criminal and civil cases.
– Courts use grand and petit juries to decide matters of
fact in cases.
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Types of LawTypes of Law
• Constitutional law is based on the U.S. Constitution, the State constitutions, and their interpretation by judges.
• Statutory law is made up of laws enacted by legislative bodies such as the U.S. Congress,
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legislative bodies such as the U.S. Congress, State legislatures, the people, and local governments.
• Administrative law is made of rules, orders, and regulations issued by executive officers.
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Common Law and EquityCommon Law and Equity
• Common law is unwritten, made by judges over time, and is based on general ideas of right and wrong.
– State courts apply common law unless it conflicts with written law.
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written law.
– Each court decision sets a precedent that influences later common law.
• Equity is a type of unwritten law that tries to stop wrongful acts before they occur.
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Criminal LawCriminal Law
• Criminal law identifies and defines crimes and sets punishments for them.
– Crimes are public wrongs serious enough to be banned by law.
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– Felonies are the most serious offenses with the most severe punishments. They include murder, robbery, assault, and kidnapping.
– Misdemeanors are lesser offenses with lesser punishments. They include disorderly conduct or traffic violations.
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Civil LawCivil Law
• Civil law deals with non-criminal disputes between private persons and between private persons and government.
– Tort law deals with wrongful acts that injure one’s
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– Tort law deals with wrongful acts that injure one’s person, property, or reputation, such as a car accident.
– Contract law deals with legally binding agreements in which one party agrees to do something with or for another party.
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JuriesJuries
• Checkpoint: What does a jury do?
– In general, a jury hears evidence and decides questions of fact in a court case.
– A grand jury decides if there is enough evidence
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– A grand jury decides if there is enough evidence against a person to justify a trial. It is used only in criminal cases.
– A petit jury acts as the trial jury, and is used in both criminal and civil cases.
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Grand JuryGrand Jury
• Grand juries meet in secret.
– Jury members hear testimony and evidence and may
question witnesses.
– A majority of jury members must agree before making
any formal accusations, or indictments.
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– They then report their findings, including any
indictments, to the court.
• Due to the cost of grand juries most States
use “the information,” a formal charge filed by
a prosecutor.
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Petit JuryPetit Jury
• A petit jury decides
the disputed facts in
a case.
• The number of jurors
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• The number of jurors
can vary.
– The traditional number
is 12, but it can be as
few as 6 in some
States.
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Petit Jury, cont.Petit Jury, cont.
• In more than a third of the States, a jury can reach a majority verdict rather than a unanimous one.
– If a jury cannot reach a verdict, the case is either retried with a new jury or dropped.
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either retried with a new jury or dropped.
• Minor criminal and civil cases are often heard at a bench trial, with no jury.
– In some States serious crimes can receive a bench trial if the accused person allows it.
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Jury SelectionJury Selection
• Jury selection is the same in most States.
– Potential jurors are chosen from a list of eligible
citizens.
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– Each person receives a court order to appear before
the court.
– The court eliminates those with good reasons not to
serve, such as age, illness, criminal records, or for
whom jury service would mean great hardship.
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The Role of JuriesThe Role of Juries
• Many States are moving away from
jury trials.
– Jury critics say the process takes too much time
and money and that juries are often unreliable.
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and money and that juries are often unreliable.
– Jury supporters say that juries have a long
tradition of providing fair trials and that they give
citizens a chance to take part in the justice
system.
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Review Review
• Now that you have learned about how
State and local courts apply different types
of law, go back and answer the Chapter
Essential Question.
– How much power should State government
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– How much power should State government
have?